The NewsHour With Jim Lehrer : WETA : July 13, 2009 7:00pm-8:00pm EDT; The NewsHour With Jim Lehrer

Captiing sponsored by MacNEIL/LEHRER PRODUCONS

>> Lehrer: GOOD EVENIG. I'M JIM LEHRER. ON THE NEWSHOUR THIS MONDAYTHE LEAD STORY IS OPENI DAY OF THE SENATE CONFIRMATION HEARINGFOR SUPREME COURT NONEE SONIA SOTOMAYOR;HEN, THE OTHER NEWS OF THE DAY, INCLUDING E LATEST ON WHAT SECRETS THE C.I.A. ID R DID NOT SHARE WITH CONGRES A REPORT FROM CALIFORN ON HOW THE ECONOMIC DOWNTURN IS AFFECTING THE PRI OF MILK; AND A DEBATE AUT MAKING IT EASIER FOR LABOR UNIONS TO OANIZE WORRS. MAJOR FDING FOR THE NEWSHOUR WITH M LEHRER IS PROVIDED BY:

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>> Lehrer: CONFIRMATION HEARGS OPENED TOD FOR U.S. SUPREME COURT NOMINEE SONIA SOTOMOR. THE FERAL APPEALS JUDGE APPEARED FOR THE IRST OF SEVERAL DAYS BEFE THE SENATE JUDICIARY COMMITTEE. KWAME HOLN HAS OUR LEAD STORY REPORT. >>eporter: JUDGE SOTOMAYOR ENTERED ROOM16 OF THEHART SENATE OFFICE BUILDING SRTLY BEFORE 10:00 TH MORNING. SHE HAD BEEN WAITING SINCE LATE MAY WHEN PRESIDENT OBAM NAMED HER TO REPLACE JUSTICE DAVID SUITOR W RETIRED LAST MONT MOST O THIS FIRST DAY WAS GIVEN OVER TO OPENING STATEMENTS FROM COITTEE MEMBERS. CHAIRMAN PATCK LEAHY OF VERNT WENT FIRST WITH PRAISE ECHOED BY OTHER DEMOCRATS.

>> WE'RE A COUNTRY BOUND GETHER BY OUR MAGNIFICT CONSTITUTION. IT GUARANES THE PROMISES-- TH PROMISE THAT OUR COUNTRY WILL BE A COUNTRY BASED O THE LE OF LAW. AND OUR SERVICE AS A FEDERAL JUDGE SONIA SOTOMOR HAS THAT PROMISE. I REMEMBER SO WE, JUDGE, YOU SAT MY OFFICE. YOU SID THATLTIMATELY AND COMPTELY A JUDGE HAS TO FOLLOW THLAWNO MTER WHAT EIR UPBRINGING HAS EN. THAT'S THE KIND OF FAIRND IMPARTIAL JUDGING E AMERICAN PEOPLE EXPECT. HAVE RESPECT FOR THERULE OF OF LAW. AT'S THE KIND OF JUDGE, JUDGE SOTOMAYOR HAS BEEN. THAT'S THE KI OF FAIR AND IMPARTIAL JUSTICE SHE' BE. THE AMERICAN PEOPLE DESERVE.

>> Reporter: IF CONFIRMED BY THE FULL SENATE SOTOYOR WOU BE THE FIRST HIANIC AND T THIRD WOMAN TO SEVE ON E HIGH COURT. BUT THE COMMITTEE TOP REPUICAN, ALABAMA'S JEFF SESSION, WARNED SOTOMAYOR MIGHT LET HER BAGROUND INFLUENCE HER RULINGS. HEITED PA STAMENTS SUCH AS HERFTEN-QUOTED HOPE THAT A WE LaTINA WOMAN MIGHT ENDER BETTER JUDGMENT.

>> I WILL NO VOTE FOR AND NO SENATOR SHOU VOTE FOR AN INDIDUAL NOMINATED BY ANY PRESIDET WHO BELIEVES ITIS ACCEPTABLE FOR A JGE TO ALLOW THR PERSONAL BACKGROUND, GENDER, PJUDICES OR SYATHIES TO SW THEIR DECISN IN FAR OF OR AGNST PARTIES BEFORE E COURT IN MY VIEW, SUCH A PHILOSOPH IS DISQUALIFYING. SU AN APPROACH JUDGIN ANS THAT THE UMPIRECALLING T GAME IS NOT NOT NEUTRAL BUT INSTEAD FEELS EMPORED TO FAVOR ONEEAM OVER ANOTHER. CALL IT EMPAT, CALLT PREJUDICE ORCALL IT SYMPATHY, BUT WHATEVE IT IS IT'S NOT LAW. TRUTH IT'S ME AKIN TO LITICS AND POLITICS HAS NO ACE IN THE COURTROOM.

>> Reporter: SESSIONS SPOKE AS A FORMER FED EARL PROSECUTOR ANDNSUCCESSFUL NOMINEE FOR THE BENCH AND OTHER REPUBLICANS RETURNED T HIS LINE O CRITICISM TIMEAND AGAIN.

>> WE C'T SIMPLY BRUS ADE HER EXTRA JUDICIAL STATEMENTS. UNTIL NO JUDGE TOMAYOR HAS BEEN OPERATNG UNDER THE STRAINING INFLUENCE OF A HIGHER AUTHITY, THE SUPREME COURT. IF CONFIRMED TRE WILL BE NO SUCH RESAINT THAT WOULD EVENT HER FROM, TO PAPHRASE PRESIDENT OBAMA, DECIDING CASES BASEDNER HEART FELT VIEWS.b BEFORE WE CAN FAITHFULLY ISCHARGE OUR DUTY TO ADVICE AND CONSENT, W MUST BE CONFIDENT THAT JUE SOTOMAYOR IS ABLUTELY COMMITTED TO SETTING IDE HER BIASES A IMPARTIALLYDECIDING CASES BED ONHE RULE OF LAW.

>> Reporr: FOR HER PART CAIFORNIA DEMOCRAT DIANNE FEINSTEIN CONTENDED SOTOMAYOR'S PRESEE ON THE COURTOULD ONLY MAKE I TTER.

>> I DOOT BELIEVE THAT SUPRE COURT JUSTICES ARE RELY UMPIS CALNG BALLS AND STRIKES. RATHER, BELIEVE THAT THEY MAKE THE DECISIONS OF INDIVIDUALS WHO BRING TO THE COURTTHEIR OWN EXPERIENC ANDHILOSOPHIES. JUDGEOTOMAYOR, I BELIEVEOU ARE AARMAND INTELLIGENT WOMAN. IELIEVE YOU AREWELL STUDIED AND EXPERIENCED IN THE LAW. WITH SO 17 YEARS OF FEDERAL COURT EXPERIEE. INVOLVI 3,000 APALS AND 0...450 TRIAL CASES. SO I BELIEVE YOU, T, WILL BRING YOUR EXPERIENCES AND ILOSOPHY TO THIS HIEST COURT. AND I BIEVE AT WILL DO ONY ONE THING, AND THAT IS STRENGTHEN THIS HIGH INSTITUTION OF OUR EAT COUNTR > Reporter: THE HEARING WAS INTRUPTED SEVERAL TIMES BY ANTI-ABTION PROTESTE WHO RE QUICKLY REMOVED BY APITAL POLICE.

>> THE POLICE WILL REMOVE THAT MAN.

>> Rorter: AND DESPIT THE OPPOSITI BY SOME TO SOTOMAYOR'SOMINATION, SOH CAROLINAEPUBLICAN LINDSEY AHAM TOLD THE JUDGE HER CHANCES LOOKED PRETT GOOD.

>> UESS YOU HAVE A COMPLETE MELTDOWN YOU'RE GOINGO GET CONFIRMED.

>> Reporter: HE ALSO LEFTPEN THE POSSIBILITY THATE COULD SPORT THE NOMINEE.

>> PSIDENT OBAMA WON THE ELECTION, AND I WILLESPECT THAT BUT WHEN WAS HERE HE SET IN MOTION ASTANDARD, I THOUGHT, THAT W MOREBOUT SEEKING THE PRESENCY THAN BEING FAIR TO THE NOMINEE. WHEN HE SID THE CRITICAL INGREDIENT IS SUPPLIED BY WHAT IS IN THEUDGE'S HEART, TRANSLATED THAT MEA I'M NOT GOING TO VO AGAINST MY BASE BECAUSE I'M RUNNI FOR PRESIDENT. WE'VE GOT CHANCE TO START ER. I HO WE'LL TAKE THAT CHACE AND YOU WILL BE ASKED HAR QUESTIONS. IHINK YOU EXPECT THAT. THE QUESTION F ME IS, HAVE YOU EARNED THE RGHT TO BE HERE? AND IF I GIVE YOU THIS ROBE TO PUTOU ON THE SUPREME COT, DO BELIEVE AT THE ENOF THE DAY THAT YOU WILL DO WHAT Y THINKIS BEST, THAT YOU HAVE COURAGE AND THATOU WILL BE FAIR? COME THURSDAY I THINK I'LL KNOW MORE ABOUT TT.

>> Reporte THE COMMITTEE BROKE AT MIDDAY AND SOON COMPLETEDPENING STATEMENTS FROM EACH MEMBER. TH ALL EYES HERE TNED TO JUDGE SOMAYOR. FINALLY SEVEN WEEKSFTER SHE WAS NOMINATED, THE COUNTRY WOULD GE ITS FIRS CHANCE TO SEE AND HEAR FROHER ON AN EXTENDED BASIS.

>> IN RECENT WEEKS IAVE HAD THE PRIVILEGE AND PLEASUR OF MEETING 89 SENATOR, INCLUDING ALL OF THE MEMBERS OF THIS COITTEE. EACOF YOU HAS BEEN GRACIOUS TO ME, AND I HAVE SO MUCH ENJOYED MEETI YOU. OUR MEENGS HA GIVEN N ILLUMINATING TOUR OF THE 50 STATES AND INVALUABLE INSIGHTS INTO THE AMERICAN PEOP. THERE ARE COULESSFAMILY MEMBERS AND FENDS WHO HAVE DONE SO MUCH OR THE YEARS TO MAKE THIS DAYOSSIBLE. I AM DEEPPPRECIATIVE FOR THEIR LOVE ANDSUPPORT. I ANT TO MKE ONE SPECIAL NOTE OF THKS TO MY MOTHER. I AM HERE, ASANY OF YOU HAVE NOTED, CAUSE OF HER ASPIRATIONS DACRIFICES FOR BOTH MY BROTHER JN AND ME. I A VERY GRATEFUL TO THE PRESIDENT ANDUMBLED TO BE HERE TODAY. AS A NOMIEE TO THE UTED STATES SUPRME COURT. THE PROGRESSN OF MY LIFE HAS BEEN UNUELY AMERICAN. MY PANTS LEFT PUERTO RICO RING WORLD WAR II. I GREW UP IN MODEST CIRCUTANCES IN A ONX HOUSING PROJECT. MY FATHER, A FACTORY WORKER WITH A THIRD-GRADE EDUCATION, ASSED AWAY WH I WA NINE YEARS OLD. ON HER OWN, MY MHER RAISED BROTHER AND ME. SHE TAUGHT US THAT THE KEY TO SUESS IN AMERICA IS AOOD EDUCATI. SH SET THE EXAMPL STUDYI ALONGSIDE MY BOTHER AND ME AT OUR KITCHEN TABLE SO THATHE COULD BECOME A REGISTERED NURE. WE WORKED HRD. I POURED MELF INTO MY STUDIES AT CARDAL SPELLMAN HIGHCHOOL, EARNING SCHOLARSHIPS TO PRINCETON UNIVERSITY D THEN YALE LAW SCHOOL. WHILE MY BROTHER WENT ON TO MEDICAL SCHOO OUR ACHIEVEMENTS AR DUE TO THE VALUESHAT WE LEARNED AS CHILDREN. ANDHEY HAVE CONTINUED TO GUIDE MY LIFE'S ENDEARS. TRY TO PASS ON THIS LEGACY BY SERNG AS A MENTOR AND FRIEND TO MA GOD CHILDREN. AND TO STUDENTS OF AL BACKGROUNDS. OVER THE ST THREE DECADES, I VE SEENUR JICIAL SYSTEM FROM A NUMR OF DIFFERENT PERSPEIVES. AS A BIG CIROSECUTOR, AS A CORPORATE LITIGATOR, AS A TRIAL JUDG, A AS AN APPELLATE JUDGE. MY FIRST JOB AFTER LAW SCHOOL WAS AS AN ASSISTANT DISTRICT ATTORNEY IN NEW RK. THERE I SAW CHILDR EPLOITED AND ASED. I FT THE PAIN ANDSUFFERING OF FAMILI TORN APART BY THE NDLESS DEATHS OF LOVED ONES. I SAW AND LEARED THE TOUGH JOB LAW ENFORCEMENT HAS IN PROTECTING THE PUBLIC. IN MY NEXT LEGAL JOB, I FOCUSEDN COMMERCIAL INSTEAD OF CRIMINAL MATTER I LITIGATED ISSUES ON BEHALF OF NAONAL AND INTERTIONAL BUSINESS AND ADSED THEM ON MATTERS RANGING FROM CORACTS TO TRADEMARKS. MY CAREER AS AN ADVOCATE EED D MY CAREER AS A JGE BEGAN WHEN I W APPOINTED BY PRESIDENT GEORGE H.W. BUSH TO TH UNITED STATES DISTRI URT FOR THE SOUTHERN DISTRICT NEW YORK. AS TRIAL JUDGE, I DID DECIDE OVER50 CAS AND PRESIDED OVERDOZENS OF TRIALS. WITH PERHAP MY MT FAUS CASE BEING THE MAJOR MAJOR LEAGUE BASEBALL STRIKE IN 1995. AFTER SIX EXTRAORDINARY YARS ON THE STRICT COURT, I WAS APPOIND BY PSIDENT CNTON TO THENITED STATES COURT OF APPEALS F THE SECOND CICUIT. ON THAT COU, I HAVE ENJOYED THE BEFIT OF SHARING IDEAS AND PERSPECVES WITH WONDERFUL COLLEAGUES. AS WE HAVE WORKED TETHER TO REOLVE THE ISES BEFORE US. I HAVE NOW SERVEDAS AN APELLATE JUDGE FOR OVER A DECADE, DECING A WIDE RAE OF CONSTITUTION, STATUTORY AND OTHER LEGALUESTIONS. THUGHOUT MY 17 YEARS ON THE BENCH, I HAVE WITNESSED THE HUMAN CONSEQUENCES O MY CISIONS. THOSE DECISIONS VE NOT BEEN MADE TO SERVE THE INTEST ANY ONE LITIGA BUT ALWAYS TO SERVE THE LARG INTEREST OF IMPARTIAL JUSTICE. IN THE PAST MONTH, MANY SENARS HAVE ASKEDE ABOUT MY JUDICIAL PHILOSOY. SIMPLE. FIDELITY TO THE LAW. THE TASK OF A JUDGE IS NOT TO MAKE LAW. IT IS TO APPLY THE LAW. AND ITIS CLEAR, IELIEVE, THAT MY RECOR IN TWOCOURTS REFLECTS MY RIGOROUS COMMIENT TO INTERPRETING THE CONSTITUTION ACCOING TO ITS TM, INTERPRETING STATUTES ACCORDI TOHEIR TERMS, AND CONGRESS INTENT, AND HERING FAITHFUY TO PRECEDENTS ESTABLISH BY THE SUPREME COURT AND TO MY CIRCUIT COURT. IN EACH CSE I HAVE HEARD I HAVE APPLI THE LAW TO THE FACTS A HAND. THE PROCES OF JUDGING INTENSE. WHENHE AGUMENTS AND CONCERNS OF THE PARTIES TO THE LITIGATION ARE UNDERSTOOD AN ACKNOWLEDGED. THAT IS WHY I GENERALLY STRUCTURE MY OPINIONS BY SETNG OUT WHAT THE LAW REQUIRES AND THENXPLAINING Y A CONTRAR POSITION, SYMPATHETIC OR NOT, IS ACCEPTED REJECTED. THAT IS H I SEE TO STRENGTH BOTH THE RULE OF LAW AND FAITH IN THE IMPARTIATY OF OUR JUDIAL SYSTEM. MY PERSONAL A PROFESSIONAL EXPERIENCES HELP M TO LISTEN ANUNDERSTAND WITH THELAW ALWAYS COMMANDING THE RULT IN EVERY CE. SINCE PRESIDE OBAMA ANNOUNCED MY NOMINATI IN MAY, I HAVE RECEIVED LETTERS FR PEOPLE ALL OVER THIS COUNTRY. MANY TELL A IQUE STORY OF HOPE IN SPITE OF STRUGGLE. EA LETTER HAS DEPLY TOUCHED ME. EACH RFLECTS A DREAM, A BELIEF IN THE DREAM THAT LED MY PARENTS T COME TO NEW YORK ALL THOSE YES AGO. IT IS OUR COTITUTION THA MAK THAT DREAM POSSIBLE. AND I NOW SEEK THE HONOR OF BOTH HOLDING THE CONSTITUTION AS A STICE ON THE SUPREME COURT SETORS, I LOOK FORWARD IN THE NEXT FEW DAYSTO ANSWERING YOUR QUESTIONS, TO HAVING THE AMERICAN OPLE LEARN MORE ABOUT ME, AND TOBEING PART OF A PROCESS THREFLECTS THE GREATNESS OUR CONSTITUTION AND OF OUR NION.

>> Reporter: HER SEVEN-AND-A-HALF MINUTE STATEMENT ENDED T HEARING FOR TODAY. TOMORROW MORNING THEUDICIARY COMMITTEE BEGINS ITS QUESTIONING OF JUDGE SOTOMAYOR.

>> Lehrer: JUDYOODRUFF IS ANCHORING OUR LIVE COVERAGE THE HEARINGS. SHE TALKED TO MARC COYLE OF THENATIONAL LAW JOURNAL" AFTER TODAY'S SESSION CONCLUDE >>Woodruff: MARCIA COYLOF THEATIONAL LAW JOURNAL, YOU'RE WITH MEODAY AS WE WATCHHESE HEARINGS. WE KNEW... REALLY WER'T MANY SURPRISES TODABECAUSE ALMOST EVERY MEMBER OF THE COMMITTE JUDGESOTOMAYOR HERSELF AD PREPARED STATEMENT SO WHAT AS THE REAL SIGNIFICANCE OF TODAY?

>> WELL, JUDY, I THINK WHETHER YOU USE THE CLIC FRAMING THE DEBATE, SETTI THE STAGE, WHATEVER TH EXACTLY IS REALLY WHAT HPENED TODAY. BO POLITICAL PARES WANTED TO SET O THEIR COCERNS, THEIR ISES,. THEY'RE HOPING TO SET TONE FO WHAT'S COMING TH NEXT FEW DAYS, THE QUESTIONING OF JUDGE SOOMAYOR. WE S THAT IN THE OPENG STATEMENTS. ON T DEMOCRATIC SIDE, I OULD SUM IT UP AS YING TO THE AMERICAN PUBLIC, THISIS A NOMINEE WHOHAS NO BIAS, NO ACTIVISM. THEY'RE STRESSINGIN THEIR ENING STATEMENTS HER RECO, HER DECISIONS, HOW THEY FI WITHIN THE MNSTREAM OF ALL JUGES. ON THE REPUBCAN SIDE, EY NTED TOTRESSACTIVISM AND BIAS. THEY'RE RY CONCERNED ABOUT STATEMENTS SHEAS MADE IN WHI SHE SEEMS TO REFLECT A CERTAI AMOUNT OF SYMPATHY F PARTICULAR TYPES OF LITIGANTS IN CASES. THEYAVE THE ISUES-- ISSUES RELATED TSOME OF HER DECIONS. ISSUES LI PROPERTY RIGHTS. SOMEWHAT ABOION. ALTHGH SHE HASN'T RULED MUCH THAT. AFFIRMATIVE TION. RE DISCRIMINATION. CIVIL RGHTS CASES. THAS WHAT WE'RE GOI TO SEE THE QUESTIONS FOCUSING ON. THAT'S NOTO SAY THAT THE DEMOCRAT ALSO DO'T HAVE SOME ISSUE NOT SO MUCHITH HER BUT TY HAE REAL CONCERNS ABOUT CERTAIN AREASF THE LAW LKE THE ENVINMENT, CRIMINAL LAW, SENTENCING. WE'RE GOING TO BE SEEI QUESTIONS RELATING TO THOSE ARE AS WELL. >>Woodruff: MARCIA, LISTENING TO THE REPUBLICA, THERE WAS A SENSE THAT THEY A AS INTERESTED IN WHAT SE'S HAD TO SAY IN SOME OF THE MANY SPEECHES SHE'S GIVEN OV THE YEARS AS THEYRE IN WHAT SHE'S WTTEN OR RULED INER OPINNS.

>> THOUGHT THAT CAME ACROSS MORE STRGLY THAN SOME OF THE INDIVUAL CASES THAT THEY'VE TALKED ABOUT PRIO TO THE HEARINGS. IN JUST ABOUT EVERY OPENING STATENT BY A REPUBCAN MEMBER OF THE COMMITTEE, EY SPOKE ABOUT THE WISE LATINA COMMT SHE MADE TALKING ABOUT THE RICHNESS OF A WISE LATINA WOMAN'S EXPERICE IN MAKING A DECISION. ALSO ATATEMENT SHE MADE ABOUTPPELLATE COURTS MING POLICY I FULLY EXPECT THEY'RE GOING TO PRE HER ON THOSE STATEMENTS I ALSO FULLY PECT SHE IS GOING TO RESPND TO THEM.

>> Woodruff: YOU WE ALLUDING TO THIS JU A MITE AGO. BUT IHINK IT'S PRETTY CLEAR AS YOU SAID OM LISTEN TO GO THE DEMOCRAT THAT WE E GOING TO BE HEARING ABOUT THE CURRENT SREME COURT, THE JOHN ROBERTS SUPREME CURT OVER THE NEXT FEW DAYS.

>> Y, THESE HEARINGS AREN'T JUST AUT JUDGE SOTOMAYOR. JUST AOUT EVERY CONFIRMATION HEARING ASO FOCUSES ON THE SUPREM COURT ITSF AND THE DIRECTION TH COURT IS TAKING. BOTH REPUICANS AND DEMOCRATS HAVE A CLE VISION OF WHERE THEY WANT THE COT TO GO. WE'RE GOING TO SECRITICISM AS WELL AS SPORT FOR SOME OF THE DECISIONS, THE RECENT DECISIONOF THE SUPREME CORT.

>> odruff: WHAT ABOUT JUDGE SOTOMAYOR'S STEMENT ITSELF. IT WAS BRF. I N'T KNOW HOW MUCH JUST A FEW MINUTES LONG. WHAT STRUCK YOU IN WHAT SHE HAD TOSAY?

>> I THINK SHE BEGAN T TRY TO EXPLAIN OR ADDRESS SO OF THE COMMEN THAT WERE MADE IN THE ENING SENTENCE. HE SAID... OPENG STATEMENT WHEN SHE WASASKED, S SAID BY SENATORS WHEN SHE VISITED THEM WHAT IS YOUR JUDICAL PHILOSOPHY? SHE SAID IN HER OPENING STATEMENT TODAY IT'S SIMPLE. FIELITY TO THE LAW. I THINK AT WAS AN ATTEMPT TO REASSURE THEM THAT TIS IS NOT AN ACTIVIST JUDGE. THEN SHE ALSO MADE A STATEME ABOUT HOW PORTANT IT IS AND HOW IT ENHANCES JGING TO BE ABLE TO UNDERSTANDND KNOW WHAT THE DIFFERENT SITUATIONS AND PERSPECTIVES ARE OF THE PARTIES BEFORE HER SO THAT SHE CAN THEN BEGI TO APLY THE LAWTO THE SITUATION BFORE HER. I THINK THAT W AN ATTEMPT TO ADDRESS THE CRICISM THAT SHE HAS TOO CH EMPATHY IN HE JUDGING.

>> Wdruff: MARCIA, WHAT ABOUT THOSE WHO S, WELL, IT REALLY DOESN'T MATR THAT MU IF SHE'S CONFIRMED TOHE SUPREMEOURT BECAUSEHE'S REPLING SOMEONE, JUSTICE SOUTER WHOSE PHILOSOPHY I SIMILAR IN EFFCT TO WHAT PRIDENT OBAMA'S IS. YOU'RE NOT GOING TO REALLY SEE A CHANGE I THE DIRECTION OF THE COURT.

>> I'VE ALWAYS THOUG THAT AT WAS NT A UE STATEMENT. I THINK EVERY NEW JUSTICE HAS IMPACT ON THE DYNAMICS OF THE SUPREME COU. THERERE CASES-- AND SAW ONE IN RTICULAR THIS PAST TERM-- INHICH JUSTICE SUTER DID NOT MARCH IN LOCK STEP WITH THE OTHER THREE MODERATE LIBERALS ON T BENCH. SHE MAY HAVE A VERY DIFFERENT VIEW, PARCULARLY IN THE AREA OF CRIMINAL LAW WHERE SHE'S BEEN BIG CITY PROSECUTOR. TO RULE DIFRENTLY FROM THE WAY HE HAS.

>> Woodruff: FINALLY, MARCIA, WHAT ARE YOU LOOKING FOR OVER THE NEXT UPLE OF DAY

>> I'M LOOKING FORWO THINGS, JUDY. I WA TO GETOME MEASUREOF HE AS A HUMANEING. I WANT TO HEAR HOWSHE AICULATES HER ANSWERS, HOW SHE HOLDS UP DER MAYBE SOM TENSE QUESTIONING. WHAT IS HER TPERAMENT LIKE? I DON'T KOW MUCH ABOUT HERS A PERSON. I ALSO WANT TO LEARN ABO HER VIEWS, HER SUBSTANTIVE VIEWS. HOW SHE HANDL SOME VE DIFFICULT LEGAQUESTIONS HOW BROAD HER OWLEDGE OF T LAW AND THE CONSTITUTION?

>> Wdruff: MARCI COYLE OF THE NATION LAW JOURN, WE'LL BE BACKERE TMORROW. THANK YOU, JUDY.

>> Woodruff: THANK YOU.

>> Lehrer:JUDY AND MARCIA W >Lehrer: JUDY WOODRUFF AND MARCIA COYLE WILL ANSWER YOU QUESTIONS DURG BREAKS IN THE LIVE SETE HEARINGS THIS WEEK. TO PARCIPATE, GO TO OUR WEB SITE, newshour.s.org, OR SEND A QUESTI TO THE NEWSHOUR'S TWITTER ACUNT, twitte.com/newshour. IN OTHER NEWS DAY, WALL STREET RALLIED AFTER A LEADINANALYST VOICED NEW HOPES FOR GOLDM SACHS AND BANK OAMERICA. THE DOWONES INDUSTRIAL AVERAGE GAINED 185 POINTTO CLOSE AT 331. E NASDAQ ROSE 37 POINTS TO CSE AT 1793. E FEDERAL FISCAL YEAR IS NIN MOHS OLD, AND THE DEFICIT HAS ALREADY TOPPED $TRILLION. THE TREASURY DEPAMENT ANNOUNCED THE RECORD NUMBE TODAY. IWAS MAINLY DUE TO HUGE FEDERAL STIMULUS SNDING AND THE GOING COST OF MILITARY OPERATIONSN IRAQ AND AFGHANISTAN. BAMA HAS RETURNED TO WASHINGTON AND THE HEALTCARE DEBE AFTER A WEEK OUT OF THE COUNTRY. WHILE HE WAS GON HIS PLAN RAN INTGROWING RESISTANCE OVER COST AND OTHER ISES. BUT TODAY, IN E WHITE HOUSE ROSE GARDEN, MR. AMA INSISTED HE WILL N ACCEPT FAILURE.

>> I JUST WANT TO PUT EVERYBODY ONOTICE BECAUSE THERE WAS A LOT OF CTTER DURG THE WEEK I WAS GNE. WE A GOING TO GET THIS DON ACTION IS NOT AN OPTION. FOR THE NAY SAYERS AND CYNICS WHO THINTHAT THIS IS NOT GNG TO HAPPEN,ON'T BET AGAINST US. WE ARE GOING TO MAKE THIS THING HAPPEN BECAUSEHE AMERICANEOPLE DESPERATELY NEED IT.

>> Lehrer: SENATEEMOCRATS HAVE SIGNALED A HEALTH CE VOTE IS UNLIKY BEFORE THE AUGUST RECESS. BUT A WHE HOUSE SPOKESMAN SAID THE PRESIDENT MAY ASK NGRESS TO STAAND KEEP WORKING. THE PRESINT ALSO NAMED HIS CHOICE F SURGEON GENERAL TODAY. SHE DR. REGINA BENJAMIN FROM THE ALABAMA GULFOAST. SHE'S MADHEADLINES AS A COUNTRY DOCTOR WHO REBUILT NON-PROFIT CLINICFTER HURRICANE KATRINA. TODAY BENJAMIN PLEDGED FIGHT PREVENTAE DISEASES, THE KIND THAT KILLED HER FATHE BROTHER AND MOTHER.

>> MY FAMILY IS NOTERE WITH ME TODAY AT LEAST NOTIN PERSON BCAUSE OF PREVENTAE DISEAS. WHILE I CAN'T OR I CANNOT CHANGE MY FAMILY'S ST, I C BE A VCE IN THE MOVEMENTTO IMOVE OUR NATION'S HEALTH CARE D OUR NATN'S HEALTH FOR THE FUTURE. Lehrer: NOMINEE BENJAMIN W ALSO THE FIRST BLACK WOM AND THE YOUNGEST DOCTOR EV ELECTED TO THE AMERICAMEDICAL ASSOCIAON'S BOARD. HER NOMINATION IS SUBCT TO SENATE COIRMATION. NTH KOREAN LEADER KIM JONIL HAS PANCREATIC CANC. THAT WORD CAMTODAY IN NEWS REPORTS FROM UTH KOREA. THEY SAID KIM WAS DIAGNED WITH THE CANCER OUND THE SAME TIME HE APPARENTLY HAD A ROKE LAST YER. IN FTAGE LAST WEEK, KIM APARED GAUNT AND HE WALKED WITH A LIMP, FUELING SPECULION ABOUT HIS EALTH. HE IS 67 YEARS OL INIRAQ, AN INVESTIGATION BEG INTO A BOMBING THAT NARROWLY MISSED U.S. AMBASSOR CHRISTOPHER HILL. THE ROADSIDE BLAST WENT OFNEAR LL'S CONVOY AS IDROVE THROUGH PROVINCE IN SOUTHERN IRAQ ON SUNDAY. THE AMBASSADOR WASOT HURT. THE WAS AN AMERICAN DEATH IN AFGHANISTAN. T U.S. MILITARY SAID A U.S SERVICE MEMBER WAS LLED IN THE STERN PART OF THE COUNTRY O SUNDAY. SO FATHIS YEAR, AT LEAST 105 AMERICANS HAVE DIEIN AFGHANISTAN. THE TOTAL WAS 1 FOR ALL OF LAST AR. AND STILL TCOME ON THE NEWSHOUR TONIGHT,OW THE ECONOMIC DOWNTURIS AFFECTI THERICE OF MILK; AND MAKING IT EASIER ORGANIZE UNIONS. THAT FOLWS NEW CONCERNS ABOUT BUSH ADMINISATION ERA INTELGENCE PRACTICES. EN IFILL HAS OUR STORY.

>> Ifill: DEMOCRATSRE DEMANDINGRESH INVESTIGATN INTO WTHER THE BUSH ADMINTRATION FAILEDO BRIEF CONGRESS ON THE EXISTENCE OF A CRET PROGRAM TO TARGET, CAPTURE OR KILL AL QAEDA ERATIVES.

>> TOAVE A MASSIVE PROGRAM AT IS CONCEALED FROMHE LEADERSN CONGRESS ISNOT ONLY INAPPROPATE, IT COULD BE ILLEGA

>> Ifill: NEWS REPORTS SUGGEST THE PROGRAM CONSTRUCD SHOLY AFTER THE SEPTEMBER 11 ATTACKS W NEVER OPERATIONAL. NEVERELESS, C.I.A. DIRECTOR LEO PANETTA TOLD LAWMAKERS HE SHUT THE PGRAM DOWN AFTER HE LEARNED ABOUT IT JUST LT MONTH. THIS IS NOT MOLLIFYED MAN INTELLIGENCE COMMITT MEMBERS. DEMOCRAT DIANNE FEITEIN SAID PANETTA TOLD HIM THAT FORMER VICE PRESIDENT CHENEY HA ORRED THE PROGRAM KEPT SECRET.

>> AND I THINK THAT IF THE INTELLENCE COMMITTEES HAD BEEN BRIEFED THEY COU HAVE WATCHED THE PGRAM. THEY COULD HAVE ASKED FOR REGULAR REPORTS ON T PROGRAM. THEY COULD HAVE DE JUDGMTS ABOUT THPROGRAM. AS IT WENT ALONG. THAT W NOT THE CAS BECAUSE WE WERE KEPT IN THEARK. THAT'S SOMETHINGHAT SHOULD NEVER EVER HAPPEN AGAIN.

>> Ifill: REPUBLICA SAY SUC INVESTIGATIONSOULD PUT THE NATION'S INTELLENCE AGEIES AT RISK, AN THE OBA ADMINISTRATN HAS RESISTED LAUNCHG INVESTIGATIONS INTO C.I.A. PRACTICES D DETA TERROGATION. >>HE PRESIDENT BELIEVES THAT CONGRESS SHOULD ALWA BE BRIEFEDULLY AND IN A TIMELY MANN IN ACCORDANCE WITH THE LAW

>> Ifill: BUT A PRESSURES HAVECONTINUED TO BUILD, "NEWSWEEK" REPORTED THIS WEEKEND THAT ATTORN GENERAL ERIC HOLDER IS CLOSE TO APPOINTING A SPECIAL PROSECUTOR TO INVESTIGATE WHETHER.I.A. OPERATIVES TORRED TERROR SUSPECT FOR MORE ON THE DEBATE OVEWHO KNEW WHAT AND WHO SHOU HAVE, WE TURN TO TWO JOURNALIS WITH EXTEIVE EXPERIENCE COVERING INTELLIGENCE ISSUES DAVID IGNATIUS IS A COLUMST FOR THE "WASHITON POST." ANDANE MAYER IS A STAFF WRITER FOR T "NEW YORKER." HER LATEST BOOK IS "THE DA SIDE: THE INSIDE STORYF HOW THE WAR ON TERROR TURNED TO A WAR ON AMERICAN IDEALS." ELCOME TO YOU BOTH. WHAT DO WE KNOW, JNE, ABOUT O KNEW WHAT, WHAT THE SHOULD HAVEKNOWN AND WHO DIDN'T KNOW?

>> WELL I GUESS WHAT WE KNOW OW IS BECAUSE THE NEW DIRECTOR OF THE C.I.A. WHO TOLD THE COMMITTEE WHAT WE KNOW IS TAT FORMER VICE PRESIDT CHENEY SPECIFICALLY WANTED THE COMMITTEE NOT TO BE IEFED ON A PARTICULAR PROGRAM IN THE WAR ON TERROR. AND THAT'S UNUSUAL. I MN WE KNEW THAT HE RELY DISLIKED THEVERSIGHT PART OF CONGRESS. HE'S ALWAYS BEEN AGAINST I BUT TOUT THEM OU ON PUOSE IS,OU KNOW, IT'S GOING TO CREATE AN OBVIO HUGE FIGHT, BIG PROBLEM.

>> Ifill: DAVID, WHATO WE KNOW, IF ATHING, ABOUT WHAT THAT PROGR MAY HAVE BEEN?

>> WE DON' KNOW MUCH. IT APPEARSHAT THIS WAS A PROGRAM SEEKINTO GAFTER PROBABLY ASSASSINATE SENIOR A QAEDA LEADERSHIP AFTER EPTEMBER 11. BUT TH DETAILS OF THAT,HE NATUROF THE EFFOR IS UNCLEAR. THERE'S REPTING THAT GGESTS-- THIS IS REPORTING IN THE BRITI PRESS-- THAT SUGGESTSHESE MAY HAVE BEEN PLANNED AS ATTACKS FRIEND COUNTRIES WHERE THE U.S. WOULDN NOTIFY THE HOST GOVERNMENT. BUT I CAN'T CONFIRM THA WITH MY OWN RERTING. >>fill: DEPENDING ONWHAT IT WAS THAT WAS ATHE HEART THIS, H UNUSUAL WAS IT THAT THIS RT OF INFORTION, THAT SUCH A PROGRAM WAS EVEN UNDER CONSIDATION WOULD NOT HAVE BEEN SHARED WITH CONGRE?

>> WHAT SURPRISING ABOUT THI GWEN, IS THAT THINK ST PEOPLE, IF YOU ASK THEM, ARE WE GOING AFTER TOPL QAEDA LEADERS WOULD HAVE SAID, YEAH, SOLUTELY. WE HE AROGRAM TODAY. WE READ ABOUT IT IN THE PARS EVERY OER WEEK TO ASSASSINATE ALQAEDA LEDERS USING PRATOR UNMAED DRONES OVER THETRAVEL AREASIN PAKIAN. WE'VE HAD OTHER OPERAONS USI THESE PREDATOR DRONES TO GO AFTER PEOPLEN YEMEN WHEN WE GET TARGETING SO IT'SLEAR WE'VE HAD A PROGRAM TO GO AFTER TOASSASSINATE, AL QAED LEADERS WHERE WE HE INTELLIGENCE. WHAT WAS DIFFERENT ABOU THIS, WHY THE AGENCY REGARDED IT AS A SEPARATEROGRAM ISN'T CLEAR. IT'S SAID THAT TH PROGRAM WAS NEVER FUL OPERAONALIZED AND AT THAT'S WHY IT HADN'T BEEN BRIEFED IN PART BECAUSE IT HADN'T ACTUALLYEEN USED. AGAIN WE DON'T KNOW MUCH ABOUT IT.

>> GWEN, THERE ARE NUMBER PEOPLON THE COMMITES WHO HAVE SAID AND ARGUED THAT THE REALLY DON'T FEEL TT THEY'VE BEEN APPPRIATELY BRIEFED THROUGHOUT THE BUSH YEARS. I MEAN Y'VE HAD, FOR INSNCE, SENATORHITEHOUSE FROM RHODE ISLD WHO SAID THAT HE FELTHAT THE BUSH DMINISTRATION LIED TO THEM. HEENT... I TALKED TO HIMT ONE POINT. HE SID THE KIND OF BRIEFINGS THEHAD IT WAS LIKE LOOKING THROUGH A PORT HOLE IN AN AQUAUM. EVE NOW AND THEN SOMETNG WOULD SM BY BUT YOU COULDN'T ELL WHAT THE BEAST W THERE. HERS SAID TO MEIT WAS LIKE 20 QUEIONS. THE KRI WOULD COM DOWN AND SIWITH THEM AND TELL THEM LY WHEN THEY ASED THE RIGHT QUESTIONS WOULDHEY GET A FULL ANSWER SOHIS WHOLE ISSUE OF CONGRESSIONAL OVERSHT IS A RAW ONE. AND TRE'S A LOT OF HARD FEELING ABOUT OBVIOUSLY.

>> Ifill: IS CONGRESSIAL OVERSIGHT SOMETHING WHICH CONSIDERED BY PEOPLE IN THE INTELLIGENCE AGENES TO BE A PROBLEM, SOMETHINGHICH CLD BASICAL MAKE ITARDER FOR THEM TO DO THIR JOB EFFECTIVELY?

>> CONGRESSIONAL OVERSIGHT ALLY DATES FROMHE LATE 1970s ANDHE SCANDALSHAT WERE INVESTIGATED BYHE CHURCH COMMIEE. IHINK WHAT BOTHERS PEOPLE IS NOT INFORMING CONGRESS OF WAT THEY'REOING. THEY CEPTED THA, THEEED FOR THAT. BU THE INCREASING IDE- YOU CA HEAR A LITTLE BIT OF THIS IN SENATOR FEINSTE'S OMMENTS COMING INTO THIS SEGNT-- THAT CONGRESS IS CO-MANAGI OUR INTELLIGENCE AGENCIES. I THINK ERE IS A FEELING CERTAINLY AT THE C.I. THAT THAT IJUST WRONG. ANTHAT IT IS INCREASINGLY A PROBLEIF YOU FEEL THAT YOU'RE WORKING N FOR THE PRESENT BUT TO TRYTO KEEP MEMBERS OF CONGRESS COORTABLE

>> Ifill: WT'S THE DISTINCTION BEEEN -MANAGING AND OVERSIGHT?

>> WELL, THAT'S GOOD ESTION. THE CI.A. IS AN EXECUTIVE A OF THE PRESIDE AND OPERATES TO DO THINGS THAT, B THEIR NATURE, NEED TO BE HIDDEN. IN SOME CASES THEY NEED TO BE DENIED IF YOU CA DO IT OPLY YOU DO ITTHROUGH ANOTHE AGENCY. WE OFTEN FORGET THAT THE C.I.A. EXISTS REALLY TO SYSTEMATICALLY VIOTE THE LAWS OFTHER COUNTRIES.

>> Ifill: BUT NO OUR OWN AWS.

>> BUT NO OUR OWN LAWS BUT I DO THINK THAT ON QUESTION AS WE THINK ABOUT THE STAKES... THEISTAKES THAT THE C.A. MADE A THE THEY TELLABOUT THISR THAT, AN ABIDING QUESTION F ME IS DO WE HAVE THE KINDOF INTELLIGEN AGENCY NEED IN A WODIKE THIS, THAT IS DANGEROUS? HOW IS C.I.A. PERFORMANCE BEING AECTED BY THESE INVESTIGATIONS, BY THE THRTS OF PROSECUTIO MY SENSIS THAT THIS IS TOUGH TIME FOR THE C.I.A. AND THAT PERFOANCE IS SUFFERING.

>> Ifll: THE OBAMA ADMINISTRATION HAS SAID TH DON' PARTICULARLY WANT TO LOOBACK AT THIS ORUESTIONS ABOUT DETAINEE TEOR ORATOR TR, INTERROGATIONS. AREHEY CHANGING THEIR MDS NOW?

>> LL, IT DEPENDS WHH PARTTHE ADMINISTRATION YOU'RE TALKIN ABOUT. I MEAN THE POLITICAL TEAM AROUND PRESIDENT OBAMA REALL DOES NOT WANT T OPEN UP THIS C OF WORMS. THEYEE THIS AS A DISTRACTION THAT WILL GET IN THE WAY OF THE OWN PRIORIES WHICH ARE THIN LIKE HEALTH CARE. THEY JUST DONOT WANT THIS RIGHT NOW. BUT ERIC HOLDER, THE NEW ATTORN GENERAL, HAS A VE DIFFERENT MANDATE. HE S TO, IF U SEES NCREDIBLE ALLEGATIONS OF TORTU UNDER THE... O OWN LAWS, IS OIGATED TO INVESTIGE BECAE UNDER THE CONVEION AGAINST TORTURE, THAT I THE OBLATION OFS AS A SIGNATU ER TO. HE ALSO NEEDS TO IF THERE'S AN EGREGIOUS EXPLE OFCRIMINAL BEHAVIOR WILL FEEL CONSCIENTIOUS NEED TO INVESTIGATE. THAT'S WHERE HEIS. IEAN IT SEEMS HE' RIGHT ON THE EDGE OF AUTHORIZING ME KIND OFNVESTIGATION.

>> Ifill: OVER THE OBJECTIONS OFHE WHITE HOUSE?

>> WELL IN THE PAST THEY'VE RTAINLY SAID THAT'S NO A DIRECTION EY WANT TO GO IN BUT IT HASN'TCOME DOWN TO HIM SAYING I WANT TO DO THIS ANTHEM SAYING NO. WE WILL SEE. I MEA I THINK THERE'S A SHOWDOWN TH WILL TAKE PLACE.

>> Ifill: SHOWDOWN. DO YOU AEE WITH THAT?

>> I THI THERE IS A SHOWDOWN. THIS I ONE WHERE PRESIDENT OBAMA IS ING TOAVE TO MAKE A RY HARD CHOICE. HEHAS SAID I WANT TO LOOK RWARD NOT BACKWARD. HE SID THAT TO THE C.I.A.. HE'S GOING OUT TO T KRI AND TOLD PEOPLE THT. HE'S GETTING PRESSURE FRO PEOPLE CONGRESSND NOW FROM HIS ATTORNEY GENERAL LAUNCH A SPECIAL INVESTIGATION OF SOME KIND TH WOULD HAVE US LOOKING BACKWARD

>> Ifill: IT'S A DISTINCTION ABOUT WHO GETS O DO THE LOOKING WHHER IT'S A NGRESSIONAL HEARING OR WHETHER IT'S A SPECIAL PROSECUTOR FROM HE JUSTICE TET.

>> WH THE AMA ADMINISTRION ORIGINALLY SAID MADE A LOT SENSE TO ME WHICH WAS THAT TO THE EXTENT THATHE C.I.A. OFFICERS WERE OPERATING WITHIN WHAT THE UNDERSTOOTO BE THE GUELINES THAT THEY WERE GIVENY JUSTICE DEPARTMENT, THE OFFICE OF T COUNSEL DURING THE PREVIOU ADMINISTRATION THEY SHOULD BE HELD HARMLESS. IT WASN'T JST CUTTINGTHEM A BREAK. THE TRH IS TO WIN A CRIMINAL CASE YOU HA TO PROVE CRIMAL INTENT. IF SOMEBODY WAS LING ON A... RELYINGN A ME IT'S HARD TO SHOW CRIMINAL INTENT. IF THEY FOUND EVIDENCE THA PEOPLE WERE WAY OUTSIDE OF THOSE RULES. THEY SEEM TO BE OR HOLDER SEEMS TO B CHANGING INTHAT. YOU KNOW, AGAIN TALKING TO MY SOURCES TAY IN THE TELLIGENCE COMMUNITY IT REALY HAS PEOPLEBACK ON THEIR HEEL. TH'RE ROCKED. THEY THOUGHT THE WERE ROMISED THEY WERE GOING TO GET, YOU KNOW, WE WERE GOING TO GET THROUG THIS AND MOVE ON. THEY FEEL LIKE TY'RE GOING BE CAUGHT IN THIS BASICALLY FOR TH REST OF THEIR CAREERS.

>> Ifill: ARE YOU HEARG THE SAME THING?

>> NOT NECESSARILY. SOME OF THE PPLE THAT THEY'RE THINKING OF TARGETING IN THIS ARE CONTRACTORS AS OPPOSED TO C.I.A. FICERS. WHAT'S CHANGED ABOUT SOM OF THE FORMATION ABOUT WHETHER THEY WERE WAY OTSIDE THE RULES. IN RECENT DOCUMENT WE'VE SEEN THAT PEOPL WEREWATER BOAED ONE PERSON 183 TIMES. THATS ACCORDING TO THE INSPECTOR GENERAL OF THE C.I.A. WAY OUTSIDE WHAT HE HAD EXPECTED TO BE RULES. YOU KNOW, I THINKHERE'S MUCH MORE DIVIDED OPINIO THAN I'M GETTI ANYWAY INSIDE.

>> Ifill: THIS DEBATEOUNDS LIKE IT'SUST BEGINNING. NE MAYER, DAVID IGNATIUS, ANK YOU BOTH VERY MUCH. NEXT, THE LATEST INUR SERIES OF SNAPSHOTS ON THEECESSION AND ITSMPACT ON DIFFERENT INDUSTRIES. TONIT SPECIAL CORRESPONDENT JEFFREY KA REPORTS FROM CALIFORNION THE DAIRY BUSINS.

>> WHEN THE ECONOMY WENT SOUR, THE MILK INDUSTR TOOK A BI HIT. AFTER YEARS OF COWS AND DAIRY FARMS BECINGARGER ANDORE PRODUCTIVE, MILK PRICES WENT DOWN, DEMAND DROPPED, AND ARMERS FOUND THEMSELVEIN TROUBLE. JEFFY VANDEN WHO RUNS TWO DAIRYS SOUTHERN CALIFORNIA ESTIMES HE IS LOSINGVER $7 PER COW PER MONTH BECAUSE DESPITE THE DRIED-UP MARKET HE STILL NEED TO FEED THEM.

>> IF YOU DO THE MA, I MILK 140COWS. $70 WE'RE LOOKING AT A LITT OVER $100,0 A MONTH ONY OPERATN. WE'RE ACTUALY EXPENDING MORE INXPENSES THANE'RE TAKING IN INCOME. Reporter: KEN COOK OF THE ENVIRONMENTAL WORKING GRO, A NPROFIT THAT MITORS AGRA- BUSISS COMPARES DAIRY TO OTHER STRGLING INDUSTRIES.

>> YOU HAVE A SERS OF BAD LICY SIGNAL HERE, TOO, JUST AS WE'VE SEENN BANKI, JUST AS WE'VE SEEN IN T HOUSING INDUSTRY TOO. BASICALLY THEY'RE UPSIDEDO LIKEANY MORTGAGE OWNERS ARE NOW TOO WIT THEIR HOME EXCEPTHEY'RE UPSIDEDOWN WITH WITH MLTIMILLION DOLLAR DAIRY OPERATIO THAT THEY CAN'T PENCIL OUT A PROFIT AFAR AS TH EYE CAN SEE.

>> Reporter: THE SITTION IS PARTICULARLY ALARMING FOR SMALLERDAIRYS.

>> EVERY TIME YOUEE A MILK TRUCK GO DOWN E ROAD, THAT DAIRYMAN JT LOST3,000.

>> Rerter: THIS MAN WHO RUNS AATTLE TRANSPORT BUSINESS IN CHI CALIFORNIA HAS WATCHED LOCAL DAIRY OPATORS STRUGGLE WITH COSTS THAT EXCEED INCOME.

>> HE'S THEAME AGE ASE. THEVE BEEN MLKING COWS, HIM AND HISATHER, FOR 55 YEARS. ONDAY HE CALLSE UP CRYING. HEY,OME GET MY COW A MATTER OF TWO DAYS WE'VE FINISD THEM OUT.

>> THER YOU GO.

>> Reporter: IN FACT, HARD TIMES ON THE DAIRY FARMS HAVE MEA MORE WRK FOR THIS MAN, TAKING COWS TO T AUCTION BLOCK. HERE DRY COWS ARE SOLD F SUGHTER SINCE THEIR MILK CAN'T BE STORED FOR LONG, FARMERS ARE CULLING HERDS AND LLING COWS OFF AS BEEF. ROD BACO WHO OW THE CHINO LIVESTOCK MARKET SA HIS BUSINESSAS BENEFITED B IT BEEN HEART BREAKING.

>> THERE HAVE BEEN COUPLEOF SUIDES THAT I UERSTAND HAVHAPPENED. I KNOW IT'S HAPPEN. PEOPL ARE FILING BANKRUPTCIES AND THERE'S PEOPLEGOING OUT OF BUSINESS CAUSE THEY JUS DON'T KNOW WHICH WAY TO TN.

>> Report: TO LOWER MILK PPLIES AND DRIVE UP PRIC, A NATIONALASSOCIATI OF DAIRY COOERATIVES HAS A TWO- YER PROGRAM TO BUY COWS FOR SLAUGHTER SO FAR IT HAS PURCHSED 101,000 COWS. TO SAVE MON ON FEED, MICHAEL OSTIN WHOSEAMILY HAS BEEN I THE DAIRY BUSINESS FOR 64 YEARS HAS SOL OFF 5% MO COWS THAN HE NORMALLY WOULD. > YOU CAN BUTCHER T COWS OR GO OUT O BUSINESS. THAT'S ABOUTOUR OWN CHOICES. NEITHER ONE OFHEM IS ONE TH YOU WANT TO DO. RIGHT NOW EVERYONE IS IS STUCK THIS CATCH 22 SITUATI. IF YOU.

>> Reporter: HAVING TOO MUCH MILL INCOME THEATIONAL TANK IS ONE REASON THE INDUSTRY, WHICH HAS CONSOLIDATED TO FEWER BUTARGER FARMS, FINDS ITSELF IN THE DOLDRUMS. TH DAIRY BINESS HAS TURNED COWS INTO HIG ENGINEERED SUPER EFFICIENTMILK PRODUCTION UNI. CHANGESIN BREEDING TECHNUES, FEED MIXTUR, THE USE BY SOME OFROWTH HORMONES, AND IMPROVED DAIRY TECHNOGY HAVE CREATED DESIGNER CATTLE. THE AVERAGE AMERICAN C YIELDS 6.5 LLONS OF MILK EACH DAY, WICE AS MUCH AS HER 1970 COUNTERPART. IN 2007, THE MILKUBBLE STARTED GROWING, SPURRED B IGH PRICES AND RISING DEMAND. EXPORTS OF DAIRY PRODUCTS INCREASED PARTICULARLY TO CHINA AND INDIA. IN RESPONSE DAIRY FARMERS INCREASED THEIR HERD SIZ. BUT LASTEAR AS THE WORLD ECONOMY PLUNGED, FEED PRICES WENT UP. EXPOS DROPPED BY A THIR, AND LK PRICES DECLINE THE BUBBLE BURST. IN THIS CALIFORNIA SUPERMARKET, THE PRICEF MILK, ABOUT $2.20 A GALLO WAS SELLINGOR ABOUT A THIRD LESS THAN IT WAS T YEARS O.

>> OUR FUNDAMENTAL PROBLEMIS TH OUR ABILITY TO PRODUCE EXCEEDSTHE MARKET'S ABILITY TO ABSB IT. WE DON'T HAVE A NATIONAL SYSTEM THAT REALLY COMMUNICATES INANY MEANINGFUL WA AN AROPRIATE SUPPLY OF MILK.

>> Repter: WHAT'S THE LUTION?

>> WLL, I THI IT'S TIME AT WE ADOPT ME OF THE NATIONAL STRATEGY OF BALANCING OUR SUPPLY AND DEMAND.

>> Reporter: NCE THE 1930s, TH U.S. DAIRY INDUSTRY HAS BEEN HIGHLY REGULATED. THE GOVERNMENT SE PRICE MINIMMS, PROVIDES SUBSIDES AND EXPORT AID. BUT DAIRY OWNERS SAY T VERNMENT ASSISTANCE S NOT BE SUFFICIENT TO AVO PROBLEMS. VANDEN WANTS T GOVERNMENT TO CONTROL THE MIK SUPPLY BY REGULATOR.. REGULATIAIRY RODUCTION.

>> THEROGRAM WE'RE PRMOTING IS A PGRAM THAT WOULD SIMPLY SAY, ESTABLISH A CRTAIN MOUNT OF ALLOWABLE GROWTH, FALITY BY FACILITYAIRY FARM BY DAIRY RM. IF YOU EXCEEDED THA GROWTH RATE, YOU WOULD PAY A MRKET ACCESS FEE.

>> Reporter: THE FEES FOR EXCEEDG LIMITS WOULD G TO DAIR THAT DIDN'T GROW. THE ORGANIZATION FARM AID WANTS THE GOVERNMENT TO S MILK PRICES AT REFLE ODUCTION COSTS. BUT CAN COOK... BUT KENOOK BELIEVES THAT WON'T SOLVE THE PROBLEM.

>> WE'LL SEE A LOT MORE FMERS PROTECTED FORHE TIME BEING BUT OV TIME WHAT THAT WILL DO SEND A SIGNAL TO PRODE EVEN MORE MILK. SO WE'LL FIND SOMEWHEREOWN E ROAD WE'RE INTHE SA CRISIS SITUATION WE'REN NOW. >Reporter: THEOBAMA ADMINISTRION HAS AGREED TO PRODE EXPORT SUBSIDIE AND TO BUY UP DAIRY PRODUCTS IN ORDER BOTH TO HELP FARMERS AND TO ASSIST W-INCOME FAMILIES WHO NE THE FOOD. B THE LONG-TERM PRLEM IS WHAT TO DO ABOUT PERISHABLE PRDUCT WITH A LIMITED SHELF LIFE PRODUCED BYMERICA'S MORE THAN 60,000 DAIRYS.

>> Lehre AND FINALLY TONIGHT, THE SCRAP OVEMAKING IT EASIER TO UNIONIZE. RAY SUAREZ HATHAT STORY.

>> Suarez: MORE THAA DOZEN UNION LEADERS T WITH PRESIDENT OBAMA AT E WHITE HOUSE TODAY, TRYING TO PERSUADE H TO PUSH HARDER ON KEYILLS PENDING BORE CONGRESS. ONE OF THE IS CALLED THE EMLOYEE FREE CHOICE ACT, AND I INCLUDES TWO Y PROVISIONS BUSISS AND LABOR ARE FIGHTING OVER. THE FIRST, COMMLY REFERRED TO AS CARD CHECK, WOULD ALW UNIONS TO ORGANIZE A BUSINESS ONCE A MAJORY OF WORKERS SIGN CARDS SAYINGTHEY WANT UNIONS THERE. THAT WOD BE INSTEAD OF A SECRET BALLOT SYSTEM, AS ISHE CASE NOW. THE COND CONCERNS BINDING ARBITRATION. UER THE BILL, IF MANAGEMENT AND NEW UNION CAN'T AGREE ON A FIRST CTRACT WITHIN FOUR MONT, A FEDERAL ARBITRATOR CAN IMPOSE A DEAL. SINCE THE BL COULD HAVE BIG MIFICATIONS, BOTH LABOR AND BUSINESS HE ALREADY TAKEN TO THE AIRWES. HE ARE A PAIR OF TV ADS FROM BOTH SIS THAT ARE AIRING IN SELT MARKETS. THE SECOND HASIRED IN LOUISIAA.

>> I HOPE FOR ONEOB FOR A CHAE.

>> I HOPE TO HAVE SOME HEALTH CARE FOR A CHANGE. I HOPE TO BEABLE TO SA A LITTLE FOR A CHAE.

>> WEOTED ON ELECTION DAY FOR HOP AND CHANGE. NOW IT'S TIME FOR ATION. T EMPLOYEEREE CHOICE ACT LETSORKERS CHOOSEO JOIN A UNION TO EA BETTER PAY, HEALTHENEFITS AND JOB SECURI. THE EMPLOYEE FREE CHOICE ACT. 'S TIME THE ECONOMY WORK FOR EVERNE AGAIN.

>> WE CANNO LET CONGRESS DO THIS TOOUISIANA. CONGRESS WANTS TO STRI AWAY THE SECRE BLOT.

>> THERIVATE VOTE ISSO IMPORTANT OUR BASIC FUNDAMENTAL RIGHT.

>> AND THEUREAUCRATS DICTE LOUISIANA BUSINESSES.

>> A BUREAUCRAT FROM WASHINGTON CLD NEVER TELL AN PRIVATE ENTERISE HOW TO RUN THEIR BUSISS.

>> IF THIS BILL PASSES JBS IN LOUISIANA WILLE LOST.

>> TELL CONGRESS PROTECT LOUISIANA FROM CARD CHECK.

>> WEDON'T NEED THE COMPROMI. WE NEED TO TE IT DOWN. Suarez: FOR A CLOSER LOK AT TH BILL AND IT PSPECT WE TURN TO TWO PRINCIPAL PLARS IN THIS FIGHT. LARRY COHEN IS PSIDENT OF THE COMMUNICATION WKERS OF ARICA AND CHAIR OF THE AFL-CIO'S ORGANIZING COMMITTE HE WAS ONE THE BOR LEADERS WHO MET WI THE PRESIDENT. ND RANDALL JOHNS IS SENIOR VICE PRESIDENT OF LABORPOLICY WIH THE U.S.HAMBER OF COMMERCE. LARRY COHEN, YOU WERE WIT THE PRESIDE TODAY. WHT DID YOU TELL HIMBOUT THE EMPLOYEE FREE CHOICE ACT ANWHAT DID HE HAVE TO SY?

>> WELL WE TOLD HIM THAT TH IS THE WAY BRING BACK THE MIDDLE CLASS IN THIS COUNTRY. NO DIFFERT THAN 75 YEARSGO WHEN JOHN MAYNARDEYNES THE GREATEST ECONOMIST OF T TIME WROTE TO PRESINT ROOSEVELT AND SAID REGARD THE EXPANSE OF CLLECTIVE BARGAINING AS ESSENTIAL. WE'RE CUTTIN AND CUTTING AND CUTTG ON A CROLEVEL, JBS AND PAY AND BENEFITS THE'S NO WAY WE EVER GET OUT OF A RECESSION. E WORKERS THEMSELVES CAN HELP LIFT US OUT BY GING THEM SEAT AT A BARGAING TABLE WHERE THEY C MEET WITH NAGEMENT, COOPERATE WITH MANAGEMENT ANDORK TOGETHER ON BETTER FUTURE.

>> Suarez: MR. JOHNSON, HOW WOLD THE EMPLOYEE FREE CHOICE ACT CHANGETHE LANDSCA THAT YOAND YOUR MEMBERS.... IKNOW THAT THE UNION ADS DON'T REALLY DERIBE WHAT THE BL DOES IN ANY DETAILT AL I THINK TH IS ONE OF THOSE CASES WHERE IT ISIMPORTANT TO READ THE LESLATION. YOU MENTIONED THERE ARE TO PARTS. THE FIRST PART IS IT SUBSTITES THIS CARD CHECK PROCESS FOR A SECRET BALLOT. OUR CONCE ABOUT THAT IS REALLY WHATHE COURTSAVE SAID WHICH IS THATHE SO-CALLED CARDHECK PROCESS IS COERCI ON THE PART OF THE UNION ORGANIZERS NOT ALWAYS OF COURSE BUT IT DOES OCCUR. WHEN AN EMPLOYEE SIGNS AT CARD IT'S REALLY NOT A LUNTARY CHOICE THAT THEY WANT THAT UNION AS DISTINGUISHED FM THE SECRE BALLOT WHERE YOU HAVE PROTECTI. THE IDEA IS TH A GOVERNME ARBITRATOR KOWS ENOUGH ABOUT OUR BUSINESSS TOWRITE A CONTRA TO WRITE A CONTRACT TO VERN EVERY TERM AND CONDITION OF EMPLMENT RANGG FROM WAGES TO YOUR 401(k) PLAN TO WORK RULE S IS LUDICROUS IN OURVIEW. IT'S TOTALLY UNPRECEDEND IN THPRIVATE SECTOR. THOSE TWO POVISIONS ARE REALLY NON-STARTERS FORUS.

>> Suarez: LARRY COHEN, THE WAY THESE OGANIZING OR CARD ALLOTS WOULD BE DONE I GETTING A LOT OF ATTENTION. YOU AGREE WITH HIS DESCRIPTION THAT IT WLD RIP AWAY THESECRETALLOT TH'S BEEN USED IN SHPS RECENTLY?

>> NO, ACTUALLY THE WAY Y PUT IT ON THE LEAD-IN IS CORRECT. IT PROVIDES AN ALTEATIVE. WORKERS THEMSELVESET TO DECIDE WHICH METHOD TO USE. CUENTLY, THE MAJORITY OF WORKERSHO HAVE BARGAINING RIGH-- AND THE U.S. IS LOWEST OF ANY INDUSTRI DEMOCRACY AT 7%-- RECEIV RECOGNITION FROM A EMPLOYER BASED MAJORITY SIGN-UP. BUT TODAYTHE EMPLOYER HAS THAT CHOICE OF WHH MEOD. WHAT THIS BILL WOULD DO IS GIVEEMPLOYEES THEMSEESS THE CHOICE OF WHICH MTHOD THEY WOULD USE. AT'S NOT REALLY THE CRITIC POINT. THE CRITICAL POINT RLLY IS, WHY SHOULD THIS BE THE ONLY DEMOCRACY IN THE WORLD,70 OTHER DEMRACIES DO NOT HAVE EMPLOYER CPAIGNING INVOLVED. WORKERS DON'T HAVE VOTE AGAINST THEIR BOSSTO HAVE A UNION. EVEN I THAT AD THE SENTENCE THAT SAID JOBS WILL BEOST IF THIS PASSES THAT'S EXACTLY WHAT IT SOUNDS LIKE FOR A WORKER DURING AN ORGIZING CAMPAIG VOTE FOR THE UNION WE WON BE HERE ANYMORE. TT'S TOTALLY LEGAL IN OUR SYSTEM. HAT'S THE KIND OF CAMPAIGNG THAT IS TYPICAL. IT'S THE NORM. NOT THE EXCEION. >>uarez: HOW WOULD THAT CHANGE WITH WHAT'S SCIFIED THIS PROPOSED LW?

>> BECAE WORRS, IF THEY CHOE, WOULD BE ABLE TO ORNIZE, DECIDE BY CHECKING A BOX THAT CE A MAJORITY OF THEIR -WORKERS SIGNED UP, THEY COULD GET RECOGNITN, A SEAT AT THE BLE JUST LIKE WORKEDOZEN IN VIRALLY EVERY OTHER IUSTRIAL DEMOCRACY. NO CAMPAIGN BY THEIR BOSS. NOVOTING AGAINST THEIR OWN BOSS.

>> Suarez: RANDALL JOHNSON JUSTUGGESTED THAT THAT WAS OPEN TO CERCION. WOULDT THE CHECKING OF THE BOX BE KNOWN TO THE ORGANIZER WHETHER OR NOT Y VOTED TO HAVE....

>> I JST WISH THAT WAS THE MAIN ISSUE BECAUSEHERE'S ALL KINDS OF WAYS T SAFEGRD THAT. JUST LIKE WE D IN STATES ACROSS THE COUNTRY WH EARLY VOTI AND OTHER PROCEDURES. THE REAL ISSUE HERE IS ISTHE UNITED STES GOING TO COME BACK IN THE MAINSTREAM AND LET WORKERS HAVE BARGNING RIGHTS, HAVE A SEAT AT T TABLE, COOPERATEITH MANAGEMENT? WERE NOT INTERESTED IN ARUMENTS WITH MANAGEMENT OR EVEN WITH THEHAMBER. WE'RE INTEREST IN FIGURING OUT HOW TGETHER CAN LABOR AND MANAGEMENT ANDORKERS AND THEIR BOSSES AND EMPLOYE WORKOGETHER TO REBUILD THIS ONOMY?

>> Suarez: RANDALLOHNSON, HOW DO YOUESPOND TO THAT?

>> HERE'S A FORR ORGANIZER WHO TESTIFYED ON THE HILL. WAS TAUGHT TO MANIPULATE ORKERS JUST TO GET A MAJITY ON THE CDS. LEARNEDHAT PROMISES HAD LITT TO DO WITH HOW THE UNION FUNCTIONS AT A SERVICE ORNIZATION. THE HOUSE D SENATE HAVE HA ME HEARINGS ON THISSSUE. IT'S REPLETE WITH EXAMPLES OF WHAT FORMER ORGANIZERS HA TESTIFIED ABOUT HOW THEY MANIPULATE THE CARD CHECK PROSS TO INTIMIDATEORKERS TO SIGN THESE CARDS OFTEN THE WOERS DON'T EVEN KNOW WHA THEY'RE SIGNIN W WITH REGARD TO WHETHER OR NOT A SECRET BLLOT PROCESS STILL EXISTS, THEORETICALLYIT WOULD. IT'S STILL ON THE BOOKS BUT IT WOULBE A DEAD LTTER BECAUSE NIONS WOULD ALWYS USE THIS NEW PROCS. THAT'S THE CARD CHECK PROCESS BECAUSEHAT'S WHY THEY WANT THE LEGISLATION BECAUSE IT MAKEST MUCH EASIER TO ORNIZE RERDLESS OF WHAT THE EMPLOYEES RAL- WANT ANFORCE THE EMPLOYER RECOGNIZE THE UNIN. IN THE SECOND RT IS THE ARBITRATION PROVISION COURSE ARE STI A MUCH OF A COERN US AS THE CARD CHECK PROCE THSELVES.

>> Suarez: W WOULDN'T THAT BE AN EQUAL CONCERNTO BOTH SIDE IF THE'S A20-DAY CLOCK TICKING, WOULD'T BOTH SIDE NOT WANT AN ARBITRATOR T COME IAND IMPOSE A SITSES OF SETTLEMENT ON A CONTRT?

>> WELL, IT'S THE EMPLOYERHO IS GOG TO HAVE TO LIVE WITH THE ARBITRATOR'S DECISIN.

>> Suarez: AN THE EMPLOYES, NO?

>> THEY'LLAVE TO COME UP WITTHE PROFIT MARN TO PAY THE WAGES TO ACTUALLY RUN T WORKPLAE. EVEN UNER CURRENT LAW EVEN UNDER ORGANIZED WORKPLACES IT'S STILL THE RESPONSIBILITY OF THE EMPLOYER TO RUN T ORKPLACE, TO COME UP WITH THE PROFITARGINS S THAT THEY CAN PAY THEIR EMPLOYEES. IT'SOT THE UNIONS. TH CAN HELP SET WORK RLES, ETETERA N THEND IT'S THE EMPLOYERWHO HAS TO COME UP WITH AND MEET THE BOTTOM LINE ITSHE EMPLOYER THAT IS ING TO HAVE T LIVE WITH THE ARBITRATOR'S DCISIONS. FOR EXAME IN CANADA SOME PROVISIONS ALLOW F THISARD CHECK PROCESS INRBITRATION. WA-MART WENT INTO ARBITRATION AND THE ARBITTOR CAME BACK WITH A ONE-THIRD INCREASE IN THE WKERS' WAGES. WAL-MART IN THATASE COULDN'T PAY THAT, THOSE WAGES AND SO THEY CLOSEDOWN. MONEY IS... IT' EASY FOR AN ARBITTOR TO COME UP WITH A DECISI AND SAY, OH JUST RAISE EVERYBODY'S WAGES. THE EMPLOYER HAS TO COME UP WITH A WAY TO PAY THOSE WA NOT THE UNIONS.

>> THE CHAMBER, CORPORATINS DISPUTE RESUTION IN EVERY OTHERREA BUT THISNE. THEY WANTT IN ALL NDS OF LIILITY SITUATIONS. Y IN THIS CASE CAN'T WE HAVE A IR PROCESS SO THAT EMPYEES KNOW AFTER GOING THROUGH ALL THIS, THEY DON'T SIGN UP TO WORK TO MAKE THIS THEIR CAREE AFTER GOINGTHROUGH ALL THIS AT THE END OF THE DAY,HEY'LL HAVE A FAIR AGREEMENT, YOU KNOW, WITH A MEDTOR OR ARBITRATOR' HELP. ST OF THIS PROCESS IS ACTUALLY ABOUT MEDTION. I WOULD AGREE THAT E QUESTN YOU ASKED ORWHERE IT LEADS WHICH IS ABSOLUTELY EMPLOYEES, THIS IS ABOUT EMPLOYEES NOT THE YUTIDE UNION. OUR UNION AND OTHERS. IT'S ALL ABT THE EMPLOYEES INSIDEORKING WITH THEIR EMPLOYER TO FIND A FAIR DEAL. WE NEED A FAIR DEAL AGA IN AMERICA. WE DON'T HAVE ONE RIGHT NOW

>> POLLS HVE SHOWN EMPLOYEES OVERWHELMINGLY RECT THE IEA OF GETTING D OF THE SECRET BALLOT ELECTIONY 75% OR MORE AND EVEN POS ON THE ARBITRATN PROVISIONS HAVE FOUND THAT AMERICANS SAY THE IDEA OF A GOVERNMENT BITRATOR STEPPING IN AN TELLING AN EMPLOR HOW TOUN THEIR WORKPLACE IS RIDICULOUS. THEYUGHT TO STICK TOHE CURRENT SYSTEM. THERE'S WHY WE SHOU GIVE EMPLOYEES THE CHOICE. WE SUPPORT A PROCESS WHERE THEYOULD BE DECIDING ON THE CARD. THEY CAN EV MAIL IT IN. THATS NOT AN ISSUE. THEYWOULD HAVE PRIVACY AROUND THAT. THE REAL QUESTIONIS THE UNITED STATES 7% OF THE WORK FORCE HAS BARGAING RIGHTS. THE NEXT LOWEST COUNTRY HAS 20%. APAN. THE QUESTN IS WHENO WE JOIN WITH THE OTHER 70 UNTRIES IN THEORLD THAT ALLOW WORKE TO ESTABLI BAGAINING RIGHTS ATORK WITHOUT HAVING TO VOTE AGAINST OR CAMPAIGN AINST THEIRWN BOSS? WORR DON'T WA TO FIGHT. THEY WANT TO COOPERATE. GIVE US THE CHANCE T COOPERATE AGAIN

>> Suare QUICK RESPONSE.

>> IF UNIONS HAVE A PRODUCT TO SELL TOWORKERS BECAUSE THEY'RE WKING FOR A BAD BOIS OR THEY'RE UNDPAID THEN UNIO CAN SELL THAT PRODUCT. THEROBLEM WITH UNION MOVEMENT RIGHT W IS THEY DON'T HAVE PRODUCT THAT WORKERS ARE REALLY INTERESTED IN ANY LONGER. THEY ORGANIZE VERY SUCCESSFULLY I THE PAST. THE L HASN'T CHAND. TH UNIONS HAVE NOT CHANGED HASIME HA CNGED.

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